The GEORGIA RICO TRIAL: Pretrial Decisions

Discussion in 'Political Opinions & Beliefs' started by DEFinning, Sep 6, 2023.

  1. CornPop

    CornPop Well-Known Member

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    You can appeal a subpoena, but that's not the same as a judge "signing off" on it. And, Congress has broad subpoena powers, in fact, the J6 Committee got subpoenas during ongoing criminal investigations/prosecutions and overcame executive privilege claims. If you're using J6 Committee authorities as your guide for Congressional subpoenas there's basically nothing off limits. The courts signed off on all of it. Congress is its own branch of government. I know you have struggled with the concept of co-equal branches mightily in the past, but their subpoena power is separate from the judicial branch. Congress's subpoena power is a very basic Constitutional law issue which I know the Constitution is another topic that you have also struggled with in the past.

    https://constitution.congress.gov/browse/essay/artI-S6-C1-3-6/ALDE_00013305/

     
    Last edited: Sep 12, 2023
  2. DEFinning

    DEFinning Well-Known Member Donor

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    And you were doing so well, too. Ah well, I will concede that I misremembered, though that detail does not really undercut my point. OK, so Congress can issue a subpoena on its own, but it needs the DOJ, to ENFORCE it. So, if the DOJ doesn't concur with the Committee, that it had issued the subpoena in conformance with legal requirements, that makes the subpoena, in effect, meaningless.

    <Google Snip>
    United States (1961), a congressional committee must meet three requirements for its subpoenas to be "legally sufficient." First, the committee's investigation of the broad subject area must be authorized by its chamber; second, the investigation must pursue "a valid legislative purpose" but does not need to involve ...
    https://en.m.wikipedia.org › wiki
    Contempt of Congress - Wikipedia
    <End>

    Also, by the way, your assertion about me, not understanding the separation of powers, is one of your signature comedic backfires. If one only considers the purviews of the "co-equal branches," it would be natural for that person, assuming he was aware of the purposes of each branch, to assume that "subpoenas" would fall under the same branch, which deals with legal court actions-- that is, the Judicial branch-- or with the branch which enforces those court actions, which is the Executive branch (as would be the Department of Justice, and Attorney General). Nothing about understanding co-equal branches, would make a person assume that Congress has the power to punish people, for failing to testify to them-- and in fact, that assumption of yours, is incorrect. Congress still needs the cooperation of both other branches, to actually do anything to people who ignore their subpoenas, from arresting them and bringing them to Congress, to locking them in jail, or to even imposing a fine on them.

    LOL, at your incompetent attempt at insulting me, in which you only make yourself look ignorant. And, of course-- pompous, as well.
     
    Last edited: Sep 12, 2023

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